Border Papers volume 2: September 1602

Pages 796-800

Calendar of Border Papers: Volume 2, 1595-1603. Originally published by Her Majesty's Stationery Office, London, 1896.

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1482. Scrope to Cecil. [Aug.–Sept. 1602.]

Having received his letter, thanks him warmly for accomplishing his desire to the Queen for John Musgrave.

"For the other matter: if his continuence be longe there," Cecil shall be advertised. The country is quiet: but prays his remembrance of gun powder for the soldiers. Not signed.

¾ p. Holograph. Indorsed: "Lord Scroope to my master."

1483. Passport for Ninian and John Seton. [Sept. 1. 1602.]

Licensing the bearers "Nynyon Ceaton and John Ceaton, gentillmen of Scotland," to pass to London with 4 horses, viz., I "sowred" colour ambling nag of 15 hands, I black ambling nag, with star on forehead, of 16 hands, and I brown bay, and I grey ambling nag of 15 hands. Berwick. Signed: Jhon Carey.

1 p. Addressed as before. Indorsed. Wafer signet: small swan.

1484. The Mayor, &c., of Berwick to Cecil. [Sept. 1.]

The following cause is in dependance before the wardens of the East Marches: the fishing "coables" of both sides of Tweed have, by ancient custom, always forborne fishing in close time, viz., from Michaelmas till St Andrew tide, the English offenders suffering punishment, and the cobles of Scots offending being taken and brought to Berwick "shoare," and yet given back at the end of close time. About 5 years ago, some were so taken of Sir George and Sir Alexander Humes, and of "one Mistris Hume of Hutonhall": the 2 knights took their's back without offence, but Mrs Hume refused though with less reason, for her farmers were English and part owners of the cobles and nets offending—and prosecutes by March law the supposed takers, under an old law, made in the time of the wars, giving leave to fish in Tweed "so long as Barwick and Roxbrough ar in the hands of the English," seconding it by an article in the treaty made by Sir Thomas Cornwallys and other commissioners, that any unlawful disturbers should pay 20s. for every tide—under which she claims 400l. for a half year, the rent of her fishing being but 5l. yearly, and her coble and net not above 3l.! In the "trysting" between the parties to settle the dispute, mention has been made of an ancient law (22 Edward 4th) prohibiting trade between the realms, save at Berwick and Carlisle, on pain of forfeiture: whereby the Bishop of Durham seized certain Scotsmen's goods to near 1000l., which her Majesty, on the King's letter, was pleased to remit and cause redelivery, and it was represented to the Scots that their law was made in the "heate of wrathe" and to destroy the fish in unseasonable time: their answer was, the Queen had done graciously, but they would stand on their own law, though the King might also do his pleasure. We, being unwilling to have such a precedent, moved Sir John Carey, lord warden, in the matter, doubting not he will do his uttermost to end it, or pass it to commissioners. But, as in the meantime it is a great hindrance to March justice, we humbly move your honor for her Majesty's pleasure to the King of Scots in this behalf, not regarding the value of the thing so much, as the preservation of the river and good neighbourhood hereafter. Berwick. Signed: Mark Saltonstall, maior, Thomas Parkinson, John Ourde, Geordg Morton.

If your honor for satisfaction herein, please to use Mr William Selby the younger, we think and hope he can and will advise you, being "singularly experimented" in Border affairs.

2 pp. Addressed. Indorsed: "… Mayor and aldermen of Berwick," &c.

1485. Sir John Carey to Cecil. [Sept. 10.]

With this packet from Mr Nicolson, I must send some account of our late justice showing Lord Roxburgh's care before his going. Wednesday and Thursday last, the 8th and 9th instant, were truce days. On the first I went into Scotland and received delivery for 22 bills against the East March, a thing never before seen in one day, 6 or 7 being "a great matter"! and had it not been for the Laird of Newton and his sons coming to us with an outcry that 100 Scots were running a foray on his town and had taken 9 or 10 score head of cattle, when we broke up and followed the fray, the warden and his friends willingly going with us to raise the country if needed: but there was no such matter, they had lost nothing, nor seen anybody—we would have got all our justice. Next day they came to me in England, and got all they demanded—9 foul bills, with delivery of our faulters—and fyled 2 more of their own, whereon we parted. Besides all this, my lord of Roxburgh since going has sent word that his wardenry and all his friends shall not suffer any other warden to come through them to do us any hurt. Signed: Jhon Carey.

1 p. Holograph. Addressed. Indorsed by Cecil.

1486. George Ell. to Robin of Pichell. [Sept. 12.]

"Ro. heare is my very good frende, and a gentleman of very good place, very desirous to se Scotland, and I, perceyvinge he purposinge to come into that part where now you live, coulde not let suche opurtunitie pase without comending my selffe unto yow. And withall I hartelie intreat yow to use him in easie sort as my owne selffe wear with yow. And I muche desire that yow and he may be thorowlie accquainted, for he haythe bene a great traveler, and a brave soulder. I wishe I had but a good occasion to have corned with him. All your frendes and myne are in health. Ro. of Pichell and all the rest. So … I betake you to God." Signed: Geo Ell.

"The good Englishe man supp about. Comend me to Watt Greime."

½ p. Holograph; also address: "To his very lovinge frende Robin of Pichell," &c. Indorsed: "Geo. Ell. to Robin Pichell. Small wafer signet: indistinct.

1487. Henry Denton to Walter Grayme. [Sept. 12.]

"Wattre Grayme: I pray ye of all kyndness repayre presently unto this gentleman to Carlyell in your best attyre, and saufe conduct him to the Scotishe Cort, wher he is desyrouse to be: and yf ye carry him to the Goodman of the Roastres, and desyre him for my sayke to afford him his best furtherance in his jorney to the Kyng, I shall think myselfe ever more behading him. In any cayse, have a cayre of his weldoing in his passadge: for he is my ladyes nere kynsman and my verey good frende. Even so assuring myselfe of your best assystance to wardes him in his jorney thether, with my verey harty commendacions to the Goodman of the Roastres and all my good frendes ther." From Clyffe. Signed: Henry Denton.

½ p. Addressed: "To his loving frende Walter Grayme alis Whintons Watt, or, in his absence, to the Goodman of the Roastrees," &c. Indorsed.

1488. Sir John Carey to Cecil. [Sept. 24. 1602.]

Sending him a packet from Nicolson, and that the King is expected shortly in the West Borders for justice.

Complains of the rest of the council being so little at Berwick, as they should be for their own credit. Though he holds all the offices of the town, he gets not a penny for one of them except his poor marshalship! Begs Cecil, when he finds her Majesty "in sume plesant umor," to remind her of her frequent promises in Lord Willoughby's time, that Carey should not remain without some allowance, and that she has the governor's fee in her own hands now. Berwick. Signed: Jhon Carey.

1 p. Holograph. Addressed. Indorsed. Wax signet; swan, &c.

1489. Sir R Carey to Cecil. [Sept. 27.]

Having great need to be at London next term, besides his desire once a year to see her Majesty, and be among his friends, humbly entreats for his leave, as his March is very quiet, and he undertakes it shall so remain. Has sent his servant to follow his honour till his leave is granted: will trouble her Majesty with no "shuts," as he only desires to see his friends, and dispatch his own business. Woodrington. Signed: Ro. Carey.

¾ p. Holograph; also address. Indorsed.

1490. West March Outlawries, &c. Michaelmas.

"Sessio pacis post Festum Sancti Michaelis, 1602."

Robert Grame alias "Robs Robbe" and Richard Grame alias "Hutcheons Arthur Richie," indicted with others [of 5 several robberies and burglaries, Feb. to September in 44 Eliz.], also "Richard Grame of the Mosbande, in the countie of Cumberland yoeman ys indicted and owtlawed. Exigent owt of the Crowne office.

(fn. 1) "Richie Grame alias Arthurs Richie, standinge indicted and outlawed of tow several murthers of the surnouns of the Blacklockes of Beaumont."

1 p. Written by Scrope's clerk. Indorsed.

1491. Scrope to Nicolson. [Sept. 30.]

I have your letter, wondering what induced you to look for me at Dumfries without her Majesty's special command: "consideringe her displeasur with Jhon Musgrave and other gentlemen for thire last voyage there, howsoever they shewed your warrant for thire so dooinge. I thincke, if som man had not excused it better, you had gotten no thankes for your labor."

Where the King taxes me with rashness, "il counsell," and absence from my March, I marvel what "spleane" he has to me more than my brethren," who are oftener absent and none doing such justice as I! and if I cannot answer my proudest accusers, let my sovereign correct me severely. I charge you on your allegiance, that as I now send you the "breviat of all thinges, soe you deale exactlie with the King … And for those marmousets that incense that King with those falce reports against mee (for I am perswaded Jhonston hath more honor in him then to utter suche untruth; and, if it be you, I am the more beholdinge).—I hope that in tyme the King will dresse them as Severus did his smook-sellar, lequel il fit attacher a un postean et etouffer de la fuméé montant d'un tas de charoque antasséé" Where you write that the King would consult with me for quiet of the Marches, I wish he "would but imitat King James, (fn. 2) who called all his broken men before him, hanged 20 of the worse, took pledges of the residue, taking them home with him, whom he put in prison, to answer for thir frinds behaviour, &c.": which can be done without me, and is better than, conferences! Impunity has multiplied his outlaws, and he might execute more of them. If he makes any charge against me, do you send it in writing, that I may lay it and my answer before the Council.

If he needs help to put down offenders, I will send him the soldiers, but myself will not come without her Majesty's special leave: and, unless he acts severely, his now coming will bring forth no more fruit than his last. Not signed.

pp. Holograph. Indorsed: "… Coppie to George Nicolson."

1492. Scrope to Cecil. [Sept. 30.]

My lord of Carlisle and Mr Lowther have entreated me to send you these writings by post. With which I send the King's last letter, my answer, and the indictments of the 2 men last taken, heard at our quarter sessions. You shall hear any offers for their release. Signed: Th. Scroope.

1 p. Holograph. Addressed. Indorsed. Wafer signet as before.

Inclosed in the same:—(1) (The King to Scrope.)

"Understanding that ye have taiken and apprehendit ane Robert Grahame our subject, ane honnest man quha hes bene evir answerable to our warden and lawes, we mon. think verray strange of your sa untymous melling with ony our subjectis sen we our selff have cummit in persoun within the cuntrey to repres the insolencies of the broken men of our bordour, and to gif redres of all thiftis or wrongis committit be any our subjectis upoun England: And thairwith hearing that ye intend to put him to executioun, quhilk onlie appertenis to our officiar and warden: we have theirfor thoght guid heirby effectuusly to requeist you to continew the executioun of our said subject, quhill ye may have occasioun to let ws understand the forme of his offence, be ane of your servandis: For your rasche proceading aganis him sall na wayes content our dearest sister and cousin your soverane. Thus persuading our selff that ye will regard our requeist heirin, as ye will kyth your dewtifull affectioun toward the happie amitie. … From Drumlangrig this last of September 1602." Signed: James R.

(fn. 3) "I hairtely praye you milorde, to be waire with suche fashions quhiche can breede no bettir effectis then a peece of trouble with small contentement to youre self."

¾ p. Addressed: "To oure richt trusty and weilbelovit the Lord Scroope, warden," &c. Indorsed by Scrope's clerk. Fragment of wafer signet.

(2) (Scrope's Reply.)

"Right high and mightie prince": for your charge that my rash proceeding and absence has occasioned the many enormities; I wonder much who has so abused "your princelie eares" with such untruths, for my then deputy John Musgrave, when your highness was last at Dumfries, corresponded with all good offices, as George Nicolson can witness, "and your Majesties lettres imports." And since my return, your officer, the Laird Johnston, and I have done justice and put down enormities as our indents bear witness, so he can find no fault with me. If your officers had done the like, then your broken men of Liddesdale had not done so many outrages, or your highness taxed me on so slender report.

Your Majesty writes you doubt not my sovereign would authorise me to assist in putting down offences: there is no offender here, but I will make him answer "or burne him"—but your princely power is sufficient to put down your own thieves, whose impunity when your Majesty was last at Dumfries, has stirred them up. Praying therefore a more severe course with them and (with her Majesty's pleasure) I shall be ready to aid. Carlisle. Not signed.

pp. Holograph. Indorsed: "… The coppie of the Lo. Scroope's answer," &c.


  • 1. What follows partly in Scrope's hand (?)
  • 2. James V.
  • 3. Holograph of James.